Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Conveyance - Explanation (As inserted by U.P.Act, 1981) - Deed of dissolution of partnership - No assigned or definite share of partners in movable and immovable assets during existence of partnership - Assignment done on basis of shares partners held in firm - Receipt of assets of firm on..........
Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Explanation (As inserted by U.P.Act, 1981 - Conveyance - Deed of Dissolution of partnership - Consequential deed of release - Deed of release is only a sort of acknowledgement of title of partners to immovable properties conferred on them by deed of dissolution - It cannot be treated as conveyance..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Expression `first date of hearing' has to be understood as date when Court proposes to apply its mind to controversy involved in the suit and not any earlier date fixed for procedural purposes...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Power to strike off defence U.O.15.R.5 CPC though couched in mandatory terms, is not to be exercised mechanically - Court must consider whether there has been substantial compliance and whether default is wilful or contumacious...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defence of defendant struck off by trial Court primarily on the ground of non-deposit of rent within stipulated time - However, certain foundational aspects such as determination of first date of hearing and issue of proper service and opportunity were neither conclusively determined nor adequately..........
Insolvency and Bankruptcy Code, 2016, Section 5(8) -- Financial debt - Corporate guarantees executed by corporate debtor constitute "financial debt" within the meaning of S.5(8) of the Code...........
Insolvency and Bankruptcy Code, 2016, Section 5(8) -- Financial debt - Amount of any liability in respect of any of guarantees for money borrowed against payment of interest is a "financial debt" within S.5(8) of the Code...........
Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(m), 29, Indian Penal Code, 1860, Section 376(1) -- Penetrative sexual assault/rape - Proof - Medical evidence disclosed no external or genital injury, no vaginal laceration or perineal tear, and no spermatozoa on swab, secondary sexual characters not developed - Presence of semen on pant alone does not..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Aggravated penetrative sexual assault - Age below 12 proved and undisputed, however, in absence of proved penetration, aggravated penetrative sexual assault not attracted...........
Indian Penal Code, 1860, Section 375Exception, 2, 376, Special Marriage Act, 1954, Section 5 -- Rape - Marriage registered under Special Marriage Act - Allegation of rape after about two months of marriage - Photographs show marriage with mutual consent - Prosecutrix was above 18 years - On these facts, no prima facie case constituting any offence is made out...........
